What is illegal fund raising?

1. How is illegal fund-raising defined? Illegal fund-raising is fund-raising without the approval of relevant departments according to law, including fund-raising without approval authority; The department with the power of examination and approval ultra vires to examine and approve fund-raising, that is, the fund-raiser does not have the qualification of fund-raising subject and promises to repay the principal and interest to the investor within a certain period of time. The form of debt service is mainly currency, but there are also physical and other forms; Raise funds from unspecified objects in society. The "unspecified object" here refers to the public, not a specific minority; Cover up the essence of illegal fund-raising in a legal form. Illegal fund-raising requires "four conditions" at the same time: (1) absorbing funds without the approval of relevant departments according to law or borrowing legal business; (two) through the media, publicity and other means to the public; (3) Commitment to repay the principal and interest within a certain period; (four) to absorb funds from unspecified social objects-individuals to absorb deposits from more than 30 people; The unit has absorbed more than 150 people. ? 2. Is it illegal to raise funds in a circle of friends? Luo, vice president of the Third Criminal Court of the Supreme People's Court, said that "absorbing funds from the public, that is, unspecified social objects" is a necessary condition for identifying illegal fund-raising. Some people are not open to the public, but absorb funds from relatives, friends or units for specific objects. In this case, because the fund-raising object is specific, it is limited to friends and relatives or internal personnel of the unit, not "the public", so it does not meet the social characteristics of illegal fund-raising. This behavior of "absorbing funds for specific objects" is not illegal fund-raising. ? 3. What is the difference between private lending and illegal fund-raising? It is one thing for a person to do business, buy a house and borrow money from relatives around him. Making money by publicizing a project to the public and collecting money from many people is another matter in terms of regulations. So private lending has existed since ancient times. No matter how much money you borrow from relatives and friends, it is only private lending. It is not a financial activity in the legal sense. Without the approval of the central bank, there is no so-called "illegal fund-raising". However, once it is widely publicized through modern media, individuals who absorb more than 30 deposits can be regarded as illegally absorbing public deposits. ? 4. What are the common forms of illegal fund-raising? (1) Investment and financial management. In the past two years, a large number of companies engaged in various financial business activities in the name of investment and financial consulting have appeared in various places, such as investment consulting, non-financing guarantee, third-party financial management, wealth management and so on. , often under the banner of investment and financial management, promises risk-free and high returns, publicly sells financial products to the society to absorb public funds, and even fictitious investment projects or borrowers directly engage in fund-raising fraud. (2) p2p peer-to-peer lending. Investors are reminded that p2p peer-to-peer lending is an information intermediary, which can only conduct "peer-to-peer" and "person-to-person" transactions and cannot act as a credit intermediary. The object of signing a loan contract by an investor cannot be the platform itself; P2p is essentially lending its own funds to strangers, which is a high-risk investment and requires investors to have corresponding risk awareness, investment management ability and risk tolerance. We should be alert to the propaganda of "guaranteed bottom" and "guaranteed bottom income", and be alert to some institutions and personnel that attract customers through forums, online posts, and even offline channels such as street roadside and markets in the name of "p2p". (3) Farmers' professional cooperatives. Some farmers' professional cooperatives break through the principle of membership and closure, absorbing farmers' funds beyond the scope but not for agricultural production, but lending at high interest rates to earn interest margins, and the capital chain is broken, violent debt collection and "running away" incidents occur frequently. Such cases mainly involve Hebei, Jiangsu, Liaoning, Henan, Shanxi, Shandong and other places, and industry risks have emerged in some places. Some farmers' professional cooperatives were founded by the operators who originally set up guarantee companies and investment companies, or set up business outlets under the guise of legal status, imitating the appearance of banks, and widely absorbing farmers' deposits through agents and salesmen, which is extremely deceptive, seriously damaging farmers' interests and affecting rural financial order and social stability. (4) Other fields. For example, in the real estate industry, the cost of sales return, after-sales charter, agreed repurchase, and sale of real estate shares. ; Illegal absorption of funds by transferring forest rights and managing them on behalf of others, planting (breeding) on behalf of others or co-planting (breeding). For example, there is no real content of issuing stocks and bonds, and means of falsely transferring equity and selling fictitious bonds are adopted; Without the real content of the raised funds, illegally absorbing funds or selling fictitious funds under the guise of overseas funds. For example, illegal fund-raising in the name of repurchasing collectibles at high prices. According to the relevant laws and regulations of our country, who will prosecute illegal fund-raising? Generally speaking, whoever advocates who gives evidence is who advocates who sues, but it is best to sort out the evidence before prosecution. After providing evidence to the court, the court will decide the nature of the case. It should be noted that if the party who bears the evidence bears a series of legal responsibilities because of perjury, he shall bear it himself.